Commentaries on the Constitution of the United StatesThe Lawbook Exchange, Ltd., 2005 - 1408 Seiten Reprint of the second edition, with additions by his son, W.W. Story [1819-1895]. Originally published: Boston: Little, Brown and Company, 1851. Two volumes. xxxiii, 734; 632 pp. First published in 1833, this work is generally considered to be the most important work written on the American Constitution before the Civil War, and it remains an important work. Dedicated to John Marshall, it presents a strongly Nationalist interpretation. It is divided into three books. Book I contains a history of the colonies and discussion of their charters. Book II discusses the Continental Congress and analyzes the fl aws that crippled the Articles of Confederation. Book III begins with a history of the Constitution and its ratification. This is followed by a brilliant line-by-line exposition of each of its articles and amendments. Comparing it to The Federalist, James Kent said that Story's work was "written in the same free and liberal spirit, with equal exactness and soundness of doctrine, and with great beauty and eloquence of composition.... Whoever seeks...a complete history and exposition of this branch of our jurisprudence, will have recourse to [this] work, which is written with great candor, and characterized by extended research, and a careful examination of the vital principles upon which our government reposes." cited in Marvin, Legal Bibliography 669-670. Apart from James Kent, no man has had greater influence on the development of American law than Joseph Story [1779-1845]. He was Dane Professor of Law at Harvard, where he played a key role in the growth of the school and the establishment of its national eminence. His many books have been cited extensively to this day. An associate justice of the U.S. Supreme Court from 1812 to 1845, and the youngest person ever to serve on the Court, he was the author of several landmark decisions, such as Martin v. Hunter's Lessee and Prigg v. Pennsylvania. |
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... taxation , except under laws passed by themselves . The propriety of their resistance of the claim of the crown to tax ... taxes are the 1 Chalm . Annals , 658 , 681 , 683 , 686 , 687 ; Stat . 6 Geo . 3 , ch . 12 . 2 1 Pitkin's Hist . 89 ...
... taxes be im- posed on them , but with their own consent , given personally , or by their representatives . " That the people of the " colonies are not , and from their local circumstances cannot be , represented in the house of commons ...
... taxation were essen- tially distinct from those of legislation ; that there is a wide differ- ence between the power of internal and external taxation ; that the colonies had always enjoyed the sole right of imposing taxes upon ...
... taxes , or to raise revenue to defray the ordinary expen- ses of government . The whole power , confided to congress upon this head , was the power " to ascertain the sums necessary to be raised for the service of the United States ...
... taxes , or duties throughout the United States , was indispen- ' sable to do justice to the public creditors . On ... taxes for the union separately from other state taxes ; and to make the collect- ors liable to an execution by the ...